senate Bill S5055

Amended

Establishes protocols for combative sports; authorizes mixed martial arts events in this state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / May / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 24 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 24 / Feb / 2014
    • PRINT NUMBER 5055A

Summary

Establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes the New York Mixed Martial Arts Injury Compensation Fund, Inc.; establishes procedures for applications for licenses; establishes penalties for violations; provides for benefits secured by the NYMMAICF; imposes taxes on gross receipts of such events.

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Bill Details

Versions:
S5055
S5055A
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Boxing
Laws Affected:
Amd §§4, 5-a & 6, add §5-b, Chap 912 of 1920; amd §§2, 11 & 14-a, add §18-d, Work Comp L; amd §§451 & 452, Tax L

Sponsor Memo

BILL NUMBER:S5055

TITLE OF BILL: An act to amend chapter 912 of the laws of 1920
relating to the regulation of boxing, sparring and wrestling, in
relation to establishing protocols for combative sports and
authorizing mixed martial arts events in this state; and in relation
to establishing the New York mixed martial arts injury compensation
fund, inc.; to amend the tax law, in relation to the imposition of a
tax on the gross receipts of any person holding any professional or
amateur boxing, sparring or wrestling match or exhibition, or
professional combative sports match or exhibition; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE: To regulate the sport of professional mixed martial arts in
the State of New York and to provide for a New York State mixed
martial arts injury compensation fund

SUMMARY OF PROVISIONS:

Section One of the bill amends subdivisions 2-6 of section 4 of
chapter 912 of 1920 to give the NYSAC medical advisory board
jurisdiction over professional combative sports participants.

Section Two of the bill amends subdivision 1 of section 5-a of chapter
912 of the Laws of 1920 by expanding the term "martial arts" to
include any professional match or exhibition that is sanctioned by an
organization approved by the commission. Professional mixed martial
arts is separated from single discipline martial arts and defined
mixed martial arts and the jurisdiction of the New York State Athletic
Commission (NYSAC) in relation to holding mixed martial arts
exhibitions or bouts is set forth. This section also specifies that no
nonprofessional or amateur bout, exhibition, or participant will be
authorized by this bill.

Section Three of the bill amends Chapter 912 of the laws of 1920 to
add a new section 5-B to create a New York mixed martial arts injury
compensation fund. Further, it shall be presumed any Professional
mixed martial artist who participates in a New York state sanctioned
event and receives any form of neurological damage during the course
of his or her lifetime, that the damage was the direct causation of
the sanctioned match and is entitled to the full benefits of the fund
over the course of his or her lifetime for all necessary medical
treatment and rehabilitation.

Section Four of the bill amends chapter 912 of the Laws of 1920 as it
relates to the jurisdiction of the NYSAC as it relates to mixed
martial arts.

Section Five of the bill amends section 451 of the tax law to allow
professional combative sports to be taxed on the gross receipts from
ticket sales.

Section Six of the bill amends section 452 of the tax law to impose a
8.5% tax on receipts on ticket sales as well as 3% of gross receipts
from broadcasting rights


Section Seven provides for an effective date of 90 days after it shall
have become a law, and shall expire and be deemed repealed 3 years
after it shall take effect.

EXISTING LAW: Currently professional mixed martial arts competitions
are banned in the State of New York.

JUSTIFICATION: There is mounting clinical evidence of the link
between repeated subconcussive head trauma among professional athletes
in contact sports like Mixed Martial Arts and chronic traumatic
encephalopathy (CTE), a progressive degenerative brain disease.

This legislation would create a fund to cover the costs of health care
for MMA contestants who sustain physical injury as a result of
participating in a New York State-sanctioned MMA event regardless of
the length of time between the match and the discovery of the injury.
The fund would be administered in a manner that is similar to the
horse jockey fund and would be funded by the industry.

Under current proposals to legalize professional MMA in New York,
promoters are required to provide only $50,000 worth of health
insurance, which is available to fighters only while they are still
active. There is no consideration for the long-term consequences of
MMA fighters' long-term injuries, including the possibility of CTE.

This bill recognizes that businesses that profit from professional MMA
should take financial responsibility for its health consequences by
mandating that promoters contribute to a state-coordinated fund to
cover any long-term injuries sustained by fighters.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law; provided that section three of this act
shall take effect on the one hundred eightieth day after it shall have
become a law; provided, further, that this act shall expire and be
redeemed repealed 3 years after it shall take effect; provided,
however, further, that effective immediately, the addition, amendment
and/or repeal of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5055

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend chapter 912 of the laws of 1920 relating  to  the  regu-
  lation  of boxing, sparring and wrestling, in relation to establishing
  protocols for combative sports  and  authorizing  mixed  martial  arts
  events  in  this  state;  and in relation to establishing the New York
  mixed martial arts injury compensation fund, inc.; to  amend  the  tax
  law,  in  relation to the imposition of a tax on the gross receipts of
  any person holding any professional or  amateur  boxing,  sparring  or
  wrestling  match or exhibition, or professional combative sports match
  or exhibition; and providing for the repeal of  such  provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 4 of  chapter  912
of  the  laws of 1920 relating to the regulation of boxing, sparring and
wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
2002 and subdivisions 3, 4 and 5 as added by chapter 603 of the laws  of
1981, are amended to read as follows:
  2. The advisory board shall have power and it shall be the duty of the
board  to  prepare and submit to the commission for approval regulations
and standards for the physical examination of  professional  boxers  AND
PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS including, without limita-
tion, pre-fight and/or post-fight examinations and  periodic  comprehen-
sive  examinations.  The  board  shall  continue to serve in an advisory
capacity to the commission and from time to time prepare and  submit  to
the  commission  for approval, such additional regulations and standards
of examination as in their judgment will safeguard the physical  welfare
of  professional  boxers  licensed by the commission. The advisory board
shall recommend to the commission  from  time  to  time  such  qualified

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10672-02-3

S. 5055                             2

physicians,  for  the  purpose  of  conducting  physical examinations of
professional boxers AND PROFESSIONAL COMBATIVE SPORTS  PARTICIPANTS  and
other  services  as the rules of the commission shall provide; and shall
recommend  to the commission a schedule of fees to be paid to physicians
for such examinations and other services as required by this act.
  3. The advisory board  shall  develop  appropriate  medical  education
programs  for all commission personnel involved in the conduct of boxing
and sparring matches or exhibitions  OR  PROFESSIONAL  COMBATIVE  SPORTS
MATCHES OR EXHIBITIONS so that such personnel can recognize and act upon
evidence of potential or actual adverse medical indications in a partic-
ipant prior to or during the course of a match OR EXHIBITION.
  4.  The advisory board shall review the credentials and performance of
each commission physician on an annual basis as  a  condition  of  reap-
pointment  of  each  such  physician,  including  each  such physician's
comprehension of the medical literature on boxing OR PROFESSIONAL COMBA-
TIVE SPORTS referred to in subdivision five of this section.
  5. The advisory board shall recommend to the commission a  compilation
of medical publications on the medical aspects of boxing OR PROFESSIONAL
COMBATIVE SPORTS which shall be maintained by the commission and be made
available for review to all commission personnel involved in the conduct
of  any boxing or sparring match or exhibition OR PROFESSIONAL COMBATIVE
SPORTS MATCH OR EXHIBITION.
  6. The advisory board shall also advise the commission on any study of
equipment, procedures or personnel which will, in their opinion, promote
the safety of boxing  participants  AND  PROFESSIONAL  COMBATIVE  SPORTS
PARTICIPANTS.
  S  2.  Section  5-a of chapter 912 of the laws of 1920 relating to the
regulation of boxing, sparring and wrestling, as added by chapter 14  of
the laws of 1997, is amended to read as follows:
  S 5-a. Combative sports. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "BOARD"  MEANS  MEDICAL  ADVISORY BOARD AS ESTABLISHED IN SECTION
FOUR OF THIS ACT.
  (B) A "combative sport" shall mean any professional match  or  exhibi-
tion  other than boxing, sparring, wrestling or martial arts wherein the
contestants deliver, or are not forbidden by the applicable rules there-
of from delivering kicks, punches or blows of any kind to the body of an
opponent or opponents. For  the  purposes  of  this  section,  the  term
"martial  arts"  shall include any professional match or exhibition OF A
SINGLE DISCIPLINE sanctioned by AN ORGANIZATION APPROVED BY THE  COMMIS-
SION, INCLUDING, BUT NOT LIMITED TO, any of the following organizations:
U.S.  Judo  Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae
Kwon Do Union, North American Sport Karate  Association,  U.S.A.  Karate
Foundation,  U.S.  Karate,  Inc., World Karate Association, Professional
Karate Association, Karate International,  International  Kenpo  Associ-
ation,  or  World  Wide Kenpo Association. The commission [is authorized
to] SHALL promulgate regulations which  would  establish  a  process  to
allow  for  the  inclusion or removal of martial arts organizations from
the above list. Such process shall include but not be limited to consid-
eration of the following factors:    [(a)]  (1)  is  the  organization's
primary purpose to provide instruction in self defense techniques; [(b)]
(2)  does  the  organization  require  the  use  of hand, feet and groin
protection during any competition or bout; and [(c)] (3) does the organ-
ization have an established set of  rules  that  require  the  immediate
termination of any competition or bout when any participant has received
severe punishment or is in danger of suffering serious physical injury.

S. 5055                             3

  (C)  "COMMISSION"  MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR
IN SECTION ONE OF THIS CHAPTER OR AN AGENT OF THE COMMISSION  ACTING  ON
ITS BEHALF.
  (D)  "MIXED  MARTIAL  ARTS"  MEANS  ANY  PROFESSIONAL COMBATIVE SPORTS
COMPETITION WHEREIN THE RULES OF SUCH COMPETITION SUBJECT TO THE  APPLI-
CABLE  LIMITATIONS AS SET FORTH BY THE COMMISSION AUTHORIZE PROFESSIONAL
COMBATIVE SPORTS MATCHES OR EXHIBITIONS BETWEEN VARIOUS FIGHTING  DISCI-
PLINES,  INCLUDING THE UTILIZATION OF PERMITTED MARTIAL ARTS TECHNIQUES,
INCLUDING  STRIKING,  KICKING  AND  GRAPPLING.  NO  NON-PROFESSIONAL  OR
AMATEUR  BOUT,  EXHIBITION  OR  PARTICIPANT  SHALL BE AUTHORIZED BY THIS
SECTION.
  (E) "PROFESSIONAL COMBATIVE SPORTS PARTICIPANT" OR "PARTICIPANT" SHALL
MEAN A COMBATIVE SPORTS FIGHTER WHO COMPETES FOR A MONEY PRIZE OR TEACH-
ES OR PURSUES OR ASSISTS IN THE PRACTICE OF  MIXED  MARTIAL  ARTS  AS  A
MEANS  OF  OBTAINING  A  LIVELIHOOD  OR  PECUNIARY GAIN, AND ANY CONTEST
CONFORMING TO THE RULES, REGULATIONS AND REQUIREMENTS OF THIS SECTION.
  (F) "PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION" SHALL MEAN ANY
MATCH OR EXHIBITION THAT  MUST  BE  APPROVED  BY  THE  COMMISSION  WHERE
PROFESSIONAL  COMBATIVE SPORTS PARTICIPANTS RECEIVE CONSIDERATION OF ANY
VALUE OR AN ADMISSION IS CHARGED.
  1-A. COMMISSION REVIEW. THE COMMISSION SHALL REVIEW EACH MARTIAL  ARTS
SANCTIONING  ORGANIZATION,  INCLUDING THOSE LISTED IN SUBDIVISION ONE OF
THIS SECTION, AT LEAST BIENNIALLY, OR  SOONER  IF  DETERMINED  NECESSARY
BASED  UPON  THE PERIODIC COMPLIANCE CHECKS OR COMPLAINTS TO THE COMMIS-
SION, TO  DETERMINE  CONTINUATION  OF  THE  COMMISSION'S  APPROVAL.  THE
COMMISSION  SHALL  CONTINUE APPROVAL OR SHALL SUSPEND OR REVOKE APPROVAL
BASED UPON COMPLIANCE OF THE ORGANIZATION WITH THE APPROVED  SANCTIONING
STANDARDS  AND  ITS  ABILITY  TO  SUPERVISE  MATCHES IN THE STATE.   THE
COMMISSION SHALL ACT UPON ANY APPLICATION FOR INCLUSION IN THE  LIST  IN
PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS SECTION WITHIN SIXTY DAYS OF
THE DATE SUCH APPLICATION IS MADE TO THE COMMISSION.
  1-B. MIXED MARTIAL ARTS COMPETITION. (A) THE COMMISSION SHALL  PROMUL-
GATE  RULES AND REGULATIONS TO ALLOW FOR MIXED MARTIAL ARTS COMPETITIONS
TO BE CONDUCTED, HELD, OR GIVEN WITHIN THE STATE OF NEW YORK  AND  SHALL
ALLOW  FOR LICENSES TO BE APPROVED BY THE COMMISSION FOR SUCH MATCHES OR
EXHIBITIONS. THE COMMISSION IS AUTHORIZED TO PROMULGATE RULES AND  REGU-
LATIONS  TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION. SUCH RULES AND
REGULATIONS SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE  ADOPTION  OF
UNIFIED RULES OF MIXED MARTIAL ARTS, A LICENSING PROCESS FOR MATCHES AND
EXHIBITIONS,  A  FEE SCHEDULE FOR SUCH LICENSES, PROCEDURES TO ALLOW FOR
THE PARTICIPATION, PROMOTION, AND ADVANCEMENT OF SUCH EVENTS, THE HEALTH
AND SAFETY OF PARTICIPANTS, AND THE BEST INTERESTS OF MIXED MARTIAL ARTS
AND THE ADOPTION OF RULES AND REGULATIONS FOR LICENSING  AND  REGULATION
OF  ANY AND ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT
MAINTAIN TRAINING FACILITIES PROVIDING CONTACT SPARRING FOR PERSONS  WHO
PREPARE FOR PARTICIPATION IN SUCH PROFESSIONAL COMBATIVE SPORTS OR EXHI-
BITIONS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
  (B)  THE  COMMISSION  IS  AUTHORIZED  AND DIRECTED TO REQUIRE THAT ALL
SITES WHEREIN PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED  SHALL  COMPLY
WITH  STATE  AND  APPLICABLE  LOCAL SANITARY CODES APPROPRIATE TO SCHOOL
ATHLETIC FACILITIES.
  2. [No combative sport shall be conducted, held or  given  within  the
state of New York, and no licenses may be approved by the commission for
such matches or exhibitions.
  3.  (a)  A  person  who knowingly advances or profits from a combative
sport activity shall be guilty of a class A misdemeanor,  and  shall  be

S. 5055                             4

guilty of a class E felony if he or she has been convicted in the previ-
ous five years of violating this subdivision.
  (b)  A  person  advances a combative sport activity when, acting other
than as a spectator, he or she engages in conduct which materially  aids
any combative sport. Such conduct includes but is not limited to conduct
directed  toward  the creation, establishment or performance of a comba-
tive sport, toward the acquisition or maintenance of premises, parapher-
nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
inducement of persons to attend or participate therein, toward the actu-
al  conduct of the performance thereof, toward the arrangement of any of
its financial or promotional phases, or toward  any  other  phase  of  a
combative  sport.  One  advances a combative sport activity when, having
substantial proprietary or other  authoritative  control  over  premises
being  used  with his or her knowledge for purposes of a combative sport
activity, he or she permits such to occur or continue or makes no effort
to prevent its occurrence or continuation.
  (c) A person profits from a combative sport activity when  he  or  she
accepts  or  receives money or other property with intent to participate
in the proceeds of a combative sport activity, or pursuant to an  agree-
ment  or understanding with any person whereby he or she participates or
is to participate in the proceeds of a combative sport activity.
  (d) Any person who knowingly advances  or  profits  from  a  combative
sport  activity  shall  also be subject to a civil penalty not to exceed
for the first violation ten thousand dollars or twice the amount of gain
derived therefrom whichever is greater, or for  a  subsequent  violation
twenty  thousand  dollars  or twice the amount of gain derived therefrom
whichever is greater.  The  attorney  general  is  hereby  empowered  to
commence  judicial  proceedings  to recover such penalties and to obtain
injunctive relief to enforce the provisions of  this  section.]  PROFES-
SIONAL COMBATIVE SPORTS MATCHES AND EXHIBITIONS AUTHORIZED. NO COMBATIVE
SPORTS  MATCH OR EXHIBITION SHALL BE CONDUCTED, HELD OR GIVEN WITHIN THE
STATE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  AND  THE
RULES  AND  REGULATIONS  PROMULGATED BY THE COMMISSION PURSUANT THERETO.
THE COMMISSION SHALL DIRECT A REPRESENTATIVE TO BE PRESENT AT EACH PLACE
WHERE COMBATIVE SPORTS ARE TO BE HELD PURSUANT TO THE PROVISIONS OF THIS
SECTION.  SUCH  REPRESENTATIVE  SHALL  ASCERTAIN  THE  EXACT  CONDITIONS
SURROUNDING  SUCH  MATCH  OR EXHIBITION AND MAKE A WRITTEN REPORT OF THE
SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. SUCH COMBATIVE
SPORTS MATCHES OR EXHIBITIONS MAY BE HELD IN ANY BUILDING FOR WHICH  THE
COMMISSION  IN  ITS  DISCRETION MAY ISSUE A LICENSE. WHERE SUCH MATCH OR
EXHIBITION IS AUTHORIZED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE
PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED  WITH,
BUT  NO SUCH MATCH OR EXHIBITION SHALL BE HELD IN A BUILDING WHOLLY USED
FOR RELIGIOUS SERVICES.
  3. JURISDICTION OF COMMISSION. (A) THE COMMISSION SHALL HAVE AND HERE-
BY IS VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND  JURISDIC-
TION OVER ALL PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS TO BE
CONDUCTED,  HELD  OR  GIVEN  WITHIN  THE  STATE OF NEW YORK AND OVER ALL
LICENSES TO ANY AND ALL PERSONS WHO PARTICIPATE IN SUCH COMBATIVE SPORTS
MATCHES OR EXHIBITIONS AND OVER ANY AND ALL GYMS, CLUBS, TRAINING  CAMPS
AND  OTHER  ORGANIZATIONS  THAT  MAINTAIN  TRAINING FACILITIES PROVIDING
CONTACT SPARRING FOR PERSONS  WHO  PREPARE  FOR  PARTICIPATION  IN  SUCH
PROFESSIONAL  COMBATIVE  SPORTS  OR  EXHIBITIONS,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION.
  (B) THE COMMISSION IS AUTHORIZED AND  DIRECTED  TO  REQUIRE  THAT  ALL
SITES  WHEREIN  PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED SHALL COMPLY

S. 5055                             5

WITH STATE AND APPLICABLE LOCAL SANITARY  CODES  APPROPRIATE  TO  SCHOOL
ATHLETIC FACILITIES.
  4.  ENTITIES  REQUIRED  TO  PROCURE  LICENSES;  PROFESSIONAL COMBATIVE
SPORTS PARTICIPANTS DEFINED. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
SIX OF THIS SECTION, ALL CORPORATIONS, PERSONS, LIMITED LIABILITY COMPA-
NIES, REFEREES, JUDGES, CORPORATION TREASURERS,  PROFESSIONAL  COMBATIVE
SPORTS  PARTICIPANTS,  THEIR  MANAGERS,  PROMOTERS,  TRAINERS  AND CHIEF
SECONDS SHALL BE LICENSED BY THE COMMISSION, AND NO SUCH ENTITY SHALL BE
PERMITTED TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY  PROFES-
SIONAL  COMBATIVE  SPORTS  MATCH  OR EXHIBITION, OR THE HOLDING THEREOF,
UNLESS SUCH ENTITY SHALL HAVE FIRST PROCURED A LICENSE FROM THE  COMMIS-
SION.  THE  COMMISSION  SHALL ESTABLISH BY RULE AND REGULATION LICENSING
STANDARDS FOR REFEREES, JUDGES, MANAGERS, PROMOTERS, TRAINERS AND  CHIEF
SECONDS.    ANY MATCH OR EXHIBITION CONFORMING TO THE RULES, REGULATIONS
AND REQUIREMENTS OF THIS SECTION SHALL BE DEEMED TO  BE  A  PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION.
  5.  LICENSE  TO  ENTITIES.  (A) THE COMMISSION MAY, IN ITS DISCRETION,
ISSUE A LICENSE TO CONDUCT OR HOLD PROFESSIONAL COMBATIVE SPORTS MATCHES
OR EXHIBITIONS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON,  CORPO-
RATION OR LIMITED LIABILITY COMPANY DULY INCORPORATED OR FORMED, HEREIN-
AFTER REFERRED TO AS "ENTITY".
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES IN WHICH SUCH MATCH OR EXHIBITION IS TO BE
HELD.
  (C)  UPON WRITTEN APPLICATION AND THE PAYMENT OF A FEE OF FIVE HUNDRED
DOLLARS WHICH MUST ACCOMPANY THE APPLICATION, THE COMMISSION  MAY  GRANT
TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLD-
ING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR
IN  ANOTHER  LOCATION, THAN THE PREMISES OF LOCATION PREVIOUSLY APPROVED
BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE
RULES AND REGULATIONS OF THE COMMISSION.
  (D) ALL PENALTIES IMPOSED AND COLLECTED BY  THE  COMMISSION  FROM  ANY
ENTITY LICENSED UNDER THE PROVISIONS OF THIS ACT, WHICH FINES AND PENAL-
TIES  ARE  IMPOSED AND COLLECTED UNDER THE AUTHORITY HEREBY VESTED SHALL
WITHIN THIRTY DAYS AFTER THE RECEIPT THEREOF BY THE COMMISSION  BE  PAID
BY THEM INTO THE STATE TREASURY.
  6. TEMPORARY WORKING PERMITS FOR PROFESSIONAL COMBATIVE SPORTS PARTIC-
IPANTS,  MANAGERS,  TRAINERS AND CHIEF SECONDS. THE COMMISSION MAY ISSUE
TEMPORARY WORKING PERMITS TO PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS,
THEIR MANAGERS, TRAINERS AND CHIEF SECONDS. A TEMPORARY  WORKING  PERMIT
SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN
A  SINGLE MATCH OR EXHIBITION AT A SPECIFIED TIME AND PLACE. A TEMPORARY
WORKING PERMIT MAY BE ISSUED IF IN THE JUDGMENT OF  THE  COMMISSION  THE
PARTICIPATION  OF  THE HOLDER THEREOF IN A PROFESSIONAL COMBATIVE SPORTS
MATCH OR EXHIBITION WILL BE CONSISTENT WITH THE PURPOSES AND  PROVISIONS
OF  THIS  SECTION, THE BEST INTERESTS OF COMBATIVE SPORTS GENERALLY, AND
THE PUBLIC  INTEREST,  CONVENIENCE  OR  NECESSITY.  THE  COMMISSION  MAY
REQUIRE  THAT  PROFESSIONAL  COMBATIVE  SPORTS PARTICIPANTS APPLYING FOR
TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL  EXAMINATION,  NEUROLOGICAL
OR  NEUROPSYCHOLOGICAL  TEST OR PROCEDURE, INCLUDING COMPUTED TOMOGRAPHY
OR MEDICALLY EQUIVALENT PROCEDURE. THE FEE FOR  SUCH  TEMPORARY  WORKING
PERMIT SHALL BE TWENTY DOLLARS.
  7.  LICENSE  FEES;  TERM  OF  LICENSES; RENEWALS. EACH APPLICANT FOR A
PROMOTER LICENSE SHALL, BEFORE A LICENSE IS ISSUED  BY  THE  COMMISSION,
PAY  TO  THE  COMMISSION,  AN  ANNUAL LICENSE FEE AS FOLLOWS:  WHERE THE
SEATING CAPACITY IS NOT  MORE  THAN  TWO  THOUSAND  FIVE  HUNDRED,  FIVE

S. 5055                             6

HUNDRED  DOLLARS;  WHERE  THE SEATING CAPACITY IS MORE THAN TWO THOUSAND
FIVE HUNDRED BUT NOT MORE THAN  FIVE  THOUSAND,  ONE  THOUSAND  DOLLARS;
WHERE  THE SEATING CAPACITY IS MORE THAN FIVE THOUSAND BUT NOT MORE THAN
FIFTEEN  THOUSAND,  ONE THOUSAND FIVE HUNDRED DOLLARS; WHERE THE SEATING
CAPACITY IS MORE THAN FIFTEEN THOUSAND BUT  NOT  MORE  THAN  TWENTY-FIVE
THOUSAND,  TWO THOUSAND FIVE HUNDRED DOLLARS; WHERE THE SEATING CAPACITY
IS MORE THAN TWENTY-FIVE THOUSAND, THREE THOUSAND FIVE HUNDRED  DOLLARS;
REFEREE,  ONE HUNDRED DOLLARS; JUDGES, ONE HUNDRED DOLLARS; PROFESSIONAL
COMBATIVE SPORTS PARTICIPANTS, FIFTY DOLLARS; MANAGERS,  FIFTY  DOLLARS;
TRAINERS,  FIFTY DOLLARS; AND CHIEF SECONDS, FORTY DOLLARS. EACH LICENSE
OR RENEWAL THEREOF ISSUED PURSUANT TO THIS SUBDIVISION ON OR AFTER OCTO-
BER FIRST SHALL BE EFFECTIVE FOR A LICENSE YEAR EXPIRING ON THE  THIRTI-
ETH  DAY  OF  SEPTEMBER  FOLLOWING  THE DATE OF ITS ISSUANCE. THE ANNUAL
LICENSE FEE PRESCRIBED BY THIS SUBDIVISION SHALL BE THE LICENSE FEE  DUE
AND  PAYABLE  THEREFOR AND SHALL BE PAID IN ADVANCE AT THE TIME APPLICA-
TION IS MADE THEREFOR, AND EACH SUCH LICENSE MAY BE RENEWED FOR  PERIODS
OF  ONE  YEAR  UPON  THE PAYMENT OF THE ANNUAL LICENSE FEE PRESCRIBED BY
THIS SUBDIVISION. WITHIN THREE YEARS FROM THE DATE OF PAYMENT  AND  UPON
THE  AUDIT OF THE COMPTROLLER, THE COMMISSION MAY REFUND ANY FEE, UNFOR-
FEITED POSTED GUARANTEE OR TAX PAID PURSUANT TO THIS SECTION, FOR  WHICH
NO  LICENSE  IS  ISSUED OR NO SERVICE RENDERED OR REFUND THAT PORTION OF
THE PAYMENT THAT IS IN EXCESS OF THE AMOUNT PRESCRIBED BY STATUTE.
  8. APPLICATION FOR LICENSE; FINGERPRINTS. (A) EVERY APPLICATION FOR  A
LICENSE SHALL BE IN WRITING, SHALL BE ADDRESSED TO THE COMMISSION, SHALL
BE  SUBSCRIBED  BY  THE APPLICANT, AND AFFIRMED BY HIM AS TRUE UNDER THE
PENALTIES OF PERJURY, AND SHALL SET FORTH SUCH FACTS AS  THE  PROVISIONS
HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE.
  (B)  WHEN AN APPLICATION IS MADE FOR A LICENSE UNDER THIS SECTION, THE
COMMISSION MAY CAUSE THE FINGERPRINTS OF  SUCH  APPLICANT,  OR  IF  SUCH
APPLICANT  BE  A CORPORATION, OF THE OFFICERS OF SUCH CORPORATION, OR IF
SUCH APPLICANT BE A LIMITED  LIABILITY  COMPANY,  THE  MANAGER  OF  SUCH
LIMITED  LIABILITY COMPANY TO BE TAKEN IN DUPLICATE. THE APPLICANT SHALL
BE RESPONSIBLE FOR THE COST OF HAVING HIS FINGERPRINTS TAKEN.   IF  SUCH
FINGERPRINTS ARE TAKEN, ONE COPY SHALL BE TRANSMITTED TO THE DIVISION OF
CRIMINAL  JUSTICE  SERVICES IN ACCORDANCE WITH THE RULES AND REGULATIONS
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND  ONE  SHALL  REMAIN  ON
FILE  IN  THE  OFFICE  OF  THE  COMMISSION.  NO  SUCH FINGERPRINT MAY BE
INSPECTED BY ANY PERSON, OTHER THAN A PEACE OFFICER, EXCEPT ON ORDER  OF
A JUDGE OR JUSTICE OF A COURT OF RECORD.  THE DIVISION IS HEREBY AUTHOR-
IZED  TO TRANSMIT CRIMINAL HISTORY INFORMATION TO THE COMMISSION FOR THE
PURPOSES OF THIS PARAGRAPH.  THE INFORMATION OBTAINED BY ANY SUCH  FING-
ERPRINT  EXAMINATION  SHALL BE FOR THE GUIDANCE OF THE COMMISSION IN THE
EXERCISE OF ITS DISCRETION IN GRANTING OR WITHHOLDING THE LICENSE.   THE
COMMISSION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF HIS OR HER CRIMI-
NAL   HISTORY   RECORD,   IF  ANY,  TOGETHER  WITH  A  COPY  OF  ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORM SUCH APPLICANT  OF  HIS
OR  HER  RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
IN SUCH RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE
DIVISION OF CRIMINAL JUSTICE  SERVICES.  ALL  DETERMINATIONS  TO  ISSUE,
RENEW,  SUSPEND  OR  REVOKE  A  LICENSE SHALL BE MADE IN ACCORDANCE WITH
SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF  THE  EXECUTIVE
LAW AND ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  9.  STANDARDS  FOR THE ISSUANCE OF LICENSES. (A) IF IN THE JUDGMENT OF
THE COMMISSION THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER  AND
GENERAL  FITNESS  OF AN APPLICANT, INCLUDING IN THE CASE OF CORPORATIONS
ITS OFFICERS AND STOCKHOLDERS, ARE SUCH THAT THE PARTICIPATION  OF  SUCH

S. 5055                             7

APPLICANT  WILL  BE  CONSISTENT  WITH  THE  BEST  INTERESTS OF COMBATIVE
SPORTS, THE PURPOSES OF THIS SECTION INCLUDING  THE  SAFETY  OF  PROFES-
SIONAL  COMBATIVE  SPORTS  PARTICIPANTS,  AND  IN  THE  PUBLIC INTEREST,
CONVENIENCE  OR  NECESSITY,  THE  COMMISSION  SHALL  GRANT  A LICENSE IN
ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS SUBDIVISION.
  (B) ANY PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT  APPLYING  FOR  A
LICENSE  OR  RENEWAL OF A LICENSE UNDER THIS SUBDIVISION SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL  NEUROLOGICAL  AND
NEUROPSYCHOLOGICAL  EXAMINATIONS  BY A PHYSICIAN APPROVED BY THE COMMIS-
SION. IF, AT THE TIME OF SUCH EXAMINATION, THERE IS  ANY  INDICATION  OF
BRAIN  INJURY,  OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS IT APPROPRI-
ATE, THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE REQUIRED  TO
UNDERGO  FURTHER  NEUROLOGICAL  AND NEUROPSYCHOLOGICAL EXAMINATIONS BY A
NEUROLOGIST INCLUDING, BUT NOT LIMITED  TO,  A  COMPUTED  TOMOGRAPHY  OR
MEDICALLY EQUIVALENT PROCEDURE. THE COMMISSION SHALL NOT ISSUE A LICENSE
TO  A  PROFESSIONAL COMBATIVE SPORTS PARTICIPANT UNTIL SUCH EXAMINATIONS
ARE COMPLETED AND REVIEWED BY THE COMMISSION. THE RESULTS  OF  ALL  SUCH
EXAMINATIONS  HEREIN  REQUIRED  SHALL  BECOME A PART OF THE PROFESSIONAL
COMBATIVE SPORTS PARTICIPANT'S PERMANENT MEDICAL RECORD AS MAINTAINED BY
THE COMMISSION. THE COST OF ALL SUCH EXAMINATIONS  CALLED  FOR  IN  THIS
SUBDIVISION  SHALL  BE  ASSUMED  BY  THE  STATE IF SUCH EXAMINATIONS ARE
PERFORMED BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION.
  (C) ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED UNDER  THIS
CHAPTER SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIAL-
ITY  OF  MEDICAL RECORDS RELATING TO TREATMENT OF ANY PHYSICAL CONDITION
WHICH RELATES TO HIS ABILITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO,
AND ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE  COMMISSION
RELATIVE  TO  THE  PHYSICAL EXAMINATION OR CONDITION OF COMBATIVE SPORTS
PARTICIPANTS SHALL BE CONSIDERED CONFIDENTIAL,  AND  SHALL  BE  OPEN  TO
EXAMINATION  ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE, TO
THE LICENSED PARTICIPANT, MANAGER OR CHIEF SECOND UPON WRITTEN  APPLICA-
TION  TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF COMPETENT
JURISDICTION IN AN APPROPRIATE CASE.
  10. FINANCIAL INTEREST IN PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS
PROHIBITED.  NO  ENTITY  SHALL  HAVE, EITHER DIRECTLY OR INDIRECTLY, ANY
FINANCIAL  INTEREST  IN  A  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT
COMPETING  ON  PREMISES  OWNED OR LEASED BY THE ENTITY, OR IN WHICH SUCH
ENTITY IS OTHERWISE INTERESTED EXCEPT PURSUANT TO THE  SPECIFIC  WRITTEN
AUTHORIZATION OF THE COMMISSION.
  11. PAYMENTS NOT TO BE MADE BEFORE CONTESTS. NO PROFESSIONAL COMBATIVE
SPORTS  PARTICIPANT  SHALL  BE PAID FOR SERVICES BEFORE THE CONTEST, AND
SHOULD IT BE DETERMINED BY THE COMMISSION THAT SUCH PARTICIPANT DID  NOT
GIVE  AN  HONEST EXHIBITION OF HIS SKILL, SUCH SERVICE SHALL NOT BE PAID
FOR.
  12. SHAM OR COLLUSIVE EVENTS. (A) ANY  PERSON,  INCLUDING  ANY  CORPO-
RATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, LIMITED LIABILITY COMPA-
NY,  REFEREE, JUDGE, PROFESSIONAL COMBATIVE SPORTS PARTICIPANT, MANAGER,
TRAINER OR CHIEF SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE
IN ANY SHAM OR COLLUSIVE PROFESSIONAL COMBATIVE SPORTS MATCH OR  EXHIBI-
TION, SHALL BE DEPRIVED OF HIS LICENSE BY THE COMMISSION.
  (B)  NO  LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT
IN WHICH  PROFESSIONAL  COMBATIVE  SPORTS  MATCHES  OR  EXHIBITIONS  ARE
ARRANGED  WHERE ONE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT HAS SKILLS
OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER  PROFESSIONAL  COMBA-
TIVE SPORTS PARTICIPANT SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF
PHYSICAL  HARM TO THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT. IF SUCH

S. 5055                             8

ACTION OCCURS, THE COMMISSION MAY  EXERCISE  ITS  POWERS  TO  DISCIPLINE
UNDER  SUBDIVISIONS THIRTEEN AND FOURTEEN OF THIS SECTION, PROVIDED THAT
NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE THE COMMISSION TO  INTERVENE
OR  PROHIBIT  A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION SOLELY
ON THE BASIS OF THE DIFFERENCE BETWEEN RESPECTIVE PARTICIPANT'S  MARTIAL
ARTS DISCIPLINES.
  13. IMPOSITION OF PENALTIES FOR VIOLATIONS. ANY ENTITY, LICENSED UNDER
THE PROVISIONS OF THIS SECTION, THAT SHALL KNOWINGLY VIOLATE ANY RULE OR
ORDER OF THE COMMISSION OR ANY PROVISION OF THIS SECTION, IN ADDITION TO
ANY  OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY
NOT EXCEEDING FIVE THOUSAND DOLLARS TO BE IMPOSED BY THE COMMISSION,  TO
BE  SUED  FOR  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK IF DIRECTED BY  THE  COMMISSION.  THE  AMOUNT  OF  THE
PENALTY  COLLECTED BY THE COMMISSION OR RECOVERED IN ANY SUCH ACTION, OR
PAID TO THE COMMISSION UPON A COMPROMISE AS HEREINAFTER PROVIDED,  SHALL
BE  TRANSMITTED  BY  THE DEPARTMENT OF STATE INTO THE STATE TREASURY AND
CREDITED TO THE GENERAL FUND.  THE  COMMISSION,  FOR  CAUSE  SHOWN,  MAY
EXTEND  THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY
ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED  IN  SETTLEMENT
THEREOF.
  14. REVOCATION OR SUSPENSION OF LICENSES. (A) ANY LICENSE ISSUED UNDER
THE  PROVISIONS  OF  THIS  SECTION  MAY  BE  REVOKED OR SUSPENDED BY THE
COMMISSION FOR THE REASON THEREIN STATED, THAT THE LICENSEE HAS, IN  THE
JUDGMENT  OF  THE  COMMISSION,  BEEN GUILTY OF AN ACT DETRIMENTAL TO THE
INTERESTS OF COMBATIVE SPORTS  GENERALLY  OR  TO  THE  PUBLIC  INTEREST,
CONVENIENCE OR NECESSITY.
  (B)  WITHOUT  OTHERWISE  LIMITING  THE DISCRETION OF THE COMMISSION AS
PROVIDED IN THIS SECTION, THE COMMISSION MAY SUSPEND OR REVOKE A LICENSE
OR REFUSE TO RENEW OR ISSUE A LICENSE, IF IT SHALL FIND THAT THE  APPLI-
CANT  OR PARTICIPANT: (1) HAS BEEN CONVICTED OF A CRIME IN ANY JURISDIC-
TION; (2) IS ASSOCIATING OR  CONSORTING  WITH  ANY  PERSON  WHO  HAS  OR
PERSONS WHO HAVE BEEN CONVICTED OF A CRIME OR CRIMES IN ANY JURISDICTION
OR  JURISDICTIONS;  (3)  HAS  BEEN  GUILTY  OF OR ATTEMPTED ANY FRAUD OR
MISREPRESENTATION IN CONNECTION WITH COMBATIVE SPORTS; (4) HAS  VIOLATED
OR  ATTEMPTED TO VIOLATE ANY LAW WITH RESPECT TO COMBATIVE SPORTS IN ANY
JURISDICTION OR ANY RULE, REGULATION OR  ORDER  OF  THE  COMMISSION,  OR
SHALL  HAVE  VIOLATED ANY RULE OF COMBATIVE SPORTS WHICH SHALL HAVE BEEN
APPROVED OR ADOPTED BY THE COMMISSION, OR HAS BEEN GUILTY OF OR  ENGAGED
IN  SIMILAR, RELATED OR LIKE PRACTICES; OR (5) HAS NOT ACTED IN THE BEST
INTEREST OF MIXED MARTIAL ARTS.   ALL DETERMINATIONS  TO  ISSUE,  RENEW,
SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION
SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW AS APPLICABLE.
  (C)  NO  SUCH  PARTICIPANT  MAY, UNDER ANY   CIRCUMSTANCES, COMPETE OR
APPEAR IN A PROFESSIONAL COMBATIVE SPORTS  MATCH  OR  EXHIBITION  WITHIN
NINETY  DAYS  OF HAVING SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN ANY
SUCH MATCH OR EXHIBITION WITHOUT CLEARANCE BY THE BOARD, OR WITHIN NINE-
TY DAYS OF BEING RENDERED UNCONSCIOUS IN ANY SUCH  MATCH  OR  EXHIBITION
WHERE  THERE  IS  EVIDENCE OF HEAD TRAUMA AS DETERMINED BY THE ATTENDING
COMMISSION PHYSICIAN AND SHALL UNDERGO  SUCH  EXAMINATIONS  AS  REQUIRED
UNDER  PARAGRAPH  (B) OF SUBDIVISION TWENTY OF THIS SECTION. THE PROFES-
SIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE CONSIDERED  SUSPENDED  FROM
PROFESSIONAL  COMBATIVE  SPORTS MATCHES OR EXHIBITIONS BY THE COMMISSION
AND SHALL FORFEIT HIS LICENSE TO THE COMMISSION DURING SUCH  PERIOD  AND
SUCH  LICENSE SHALL NOT BE RETURNED TO THE PARTICIPANT UNTIL THE PARTIC-
IPANT HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT

S. 5055                             9

OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN  THE  PARTIC-
IPANT'S LICENSE BY A COMMISSION OFFICIAL.
  (D)  THE  COMMISSION MAY AT ANY TIME SUSPEND, REVOKE OR DENY A PARTIC-
IPANT'S LICENSE OR TEMPORARY WORKING PERMIT FOR MEDICAL REASONS  AT  THE
RECOMMENDATION OF THE BOARD.
  (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE OR APPEAR IN A PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION IN THAT STATE BASED  ON  A  KNOWING
AND  INTENTIONAL  ENGAGEMENT  IN ANY PROHIBITED PRACTICES OF SUCH STATE,
THE COMMISSION MAY ACT TO REVOKE ANY LICENSE TO COMPETE OR APPEAR  IN  A
PROFESSIONAL  COMBATIVE SPORTS MATCH OR EXHIBITION ISSUED TO SUCH LICEN-
SEE PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (F) THE COMMISSION MAY SUSPEND ANY LICENSE IT HAS ISSUED  BY  A  DATED
NOTICE  TO THAT EFFECT TO THE SUSPENDED LICENSEE, MAILED OR DELIVERED TO
THE LICENSEE, AND SPECIFYING THE EFFECTIVE DATE AND TERM OF THE  SUSPEN-
SION, PROVIDED HOWEVER THAT THE COMMISSION REPRESENTATIVE IN CHARGE OF A
CONTEST OR EXHIBITION MAY THEN AND THERE TEMPORARILY SUSPEND ANY LICENSE
ISSUED  BY  THE COMMISSION WITHOUT SUCH NOTICE. IN THE EVENT OF A TEMPO-
RARY SUSPENSION, THE COMMISSION SHALL MAIL OR DELIVER THE NOTICE TO  THE
SUSPENDED  LICENSEE  WITHIN  THREE  BUSINESS  DAYS  AFTER  THE TEMPORARY
SUSPENSION. IN EITHER CASE SUCH SUSPENSION MAY BE  WITHOUT  ANY  ADVANCE
HEARING.  UPON  THE  RECEIPT OF SUCH NOTICE OF SUSPENSION, THE SUSPENDED
LICENSEE MAY APPLY TO THE COMMISSION FOR A  HEARING  ON  THE  MATTER  TO
DETERMINE  WHETHER SUCH SUSPENSION SHOULD BE RESCINDED. SUCH APPLICATION
FOR A HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE  COMMISSION
WITHIN  THIRTY  DAYS AFTER THE DATE OF NOTICE OF SUSPENSION. THE COMMIS-
SION SHALL HAVE THE AUTHORITY TO REVOKE ANY LICENSE ISSUED BY IT. BEFORE
ANY LICENSE IS SO REVOKED, THE LICENSEE WILL BE OFFERED THE  OPPORTUNITY
AT  A  HEARING  HELD BY OR ON BEHALF OF THE COMMISSION TO SHOW CAUSE WHY
THE LICENSE SHOULD NOT BE REVOKED. THE COMMISSION SHALL OFFER THE OPPOR-
TUNITY FOR A HEARING TO AN  AFFECTED  PERSON  BEFORE  TAKING  ANY  FINAL
ACTION NEGATIVELY AFFECTING SUCH PERSON'S INDIVIDUAL PRIVILEGES OR PROP-
ERTY  GRANTED  BY  A LICENSE DULY ISSUED BY THE COMMISSION OR A CONTRACT
APPROVED BY AND FILED WITH THE COMMISSION. IN ALL SUCH HEARINGS,  LICEN-
SEES  AND OTHER WITNESSES SHALL TESTIFY UNDER OATH OR AFFIRMATION, WHICH
MAY BE ADMINISTERED BY ANY COMMISSIONER OR AUTHORIZED REPRESENTATIVE  OF
THE  COMMISSION ACTUALLY PRESENT. THE COMMISSION SHALL BE THE SOLE JUDGE
OF THE RELEVANCY AND COMPETENCY OF TESTIMONY  AND  OTHER  EVIDENCE,  THE
CREDIBILITY  OF WITNESSES, AND THE SUFFICIENCY OF EVIDENCE. HEARINGS MAY
BE CONDUCTED BY REPRESENTATIVES OF THE COMMISSION IN THE  DISCRETION  OF
THE COMMISSION. IN SUCH CASES, THE COMMISSION REPRESENTATIVES CONDUCTING
THE  HEARING  SHALL  SUBMIT  FINDINGS OF FACT AND RECOMMENDATIONS TO THE
COMMISSION, WHICH SHALL NOT BE BINDING ON THE COMMISSION.
  15. ADVERTISING MATTER TO STATE ADMISSION PRICE. IT SHALL BE THE  DUTY
OF  EVERY ENTITY PROMOTING OR CONDUCTING A PROFESSIONAL COMBATIVE SPORTS
MATCH OR EXHIBITION SUBJECT TO THE PROVISIONS OF THIS SECTION  TO  CAUSE
TO  BE INSERTED IN EACH SHOW CARD, BILL, POSTER, NEWSPAPER ADVERTISEMENT
OF ANY PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION  GIVEN  BY  IT,
THE  PRICE  OF  ADMISSION  THERETO.  VIOLATION OF THE PROVISIONS OF THIS
SUBDIVISION SHALL SUBJECT THE ENTITY TO A FINE OF ONE HUNDRED DOLLARS.
  16. TICKETS TO INDICATE PURCHASE PRICE. ALL TICKETS  OF  ADMISSION  TO
ANY SUCH COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE CONTROLLED BY THE
PROVISIONS  OF ARTICLE TWENTY-FIVE OF THE ARTS AND CULTURAL AFFAIRS LAW.
IT SHALL BE UNLAWFUL FOR ANY ENTITY TO ADMIT TO SUCH MATCH OR EXHIBITION
A NUMBER OF PEOPLE GREATER THAN THE SEATING CAPACITY OF THE PLACE  WHERE
SUCH MATCH OR EXHIBITION IS HELD. VIOLATION OF THIS SUBDIVISION SHALL BE

S. 5055                            10

A  MISDEMEANOR  AND  SHALL  BE  PUNISHABLE AS SUCH AND IN ADDITION SHALL
INCUR FORFEITURE OF LICENSE.
  17.  EQUIPMENT  OF BUILDINGS FOR MATCHES OR EXHIBITIONS. ALL BUILDINGS
OR STRUCTURES USED OR INTENDED TO BE USED FOR  HOLDING  OR  GIVING  SUCH
PROFESSIONAL  COMBATIVE  SPORTS MATCHES OR EXHIBITIONS SHALL BE PROPERLY
VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE  ESCAPES,  AND  IN  ALL
MANNER  CONFORM  TO  THE  LAWS, ORDINANCES AND REGULATIONS PERTAINING TO
BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED.
  18. AGE OF PARTICIPANTS AND SPECTATORS.  NO PERSON UNDER  THE  AGE  OF
EIGHTEEN  YEARS  SHALL  PARTICIPATE IN ANY PROFESSIONAL COMBATIVE SPORTS
MATCH OR EXHIBITION, AND NO PERSON UNDER SIXTEEN YEARS OF AGE  SHALL  BE
PERMITTED  TO  ATTEND  AS  A SPECTATOR; PROVIDED, HOWEVER, THAT A PERSON
UNDER THE AGE OF SIXTEEN SHALL BE PERMITTED TO ATTEND AS A SPECTATOR  IF
ACCOMPANIED BY A PARENT OR GUARDIAN.
  19.  REGULATION  OF  CONDUCT OF MATCHES OR EXHIBITIONS. (A) EXCEPT FOR
CHAMPIONSHIP MATCHES, WHICH SHALL NOT  BE  MORE  THAN  FIVE  ROUNDS,  NO
COMBATIVE  SPORTS MATCH OR EXHIBITION SHALL BE MORE THAN THREE ROUNDS IN
LENGTH.  NO PARTICIPANT SHALL BE ALLOWED TO  PARTICIPATE  IN  MORE  THAN
THREE  MATCHES  OR  EXHIBITIONS  OR  COMPETE FOR MORE THAN SIXTY MINUTES
WITHIN SEVENTY-TWO CONSECUTIVE HOURS.  NO PARTICIPANT SHALL  BE  ALLOWED
TO  COMPETE IN ANY SUCH MATCH OR EXHIBITION WITHOUT WEARING A MOUTHGUARD
AND A PROTECTIVE GROIN CUP.  AT EACH PROFESSIONAL COMBATIVE SPORTS MATCH
OR EXHIBITION, THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE  WHO
SHALL  DIRECT  AND  CONTROL  THE  SAME. BEFORE STARTING SUCH CONTEST THE
REFEREE SHALL ASCERTAIN FROM EACH PARTICIPANT THE NAME OF HIS MANAGER OR
CHIEF SECOND, AND SHALL HOLD SUCH MANAGER OR  CHIEF  SECOND  RESPONSIBLE
FOR  THE  CONDUCT  OF  HIS  ASSISTANT SECONDS DURING THE PROGRESS OF THE
MATCH OR EXHIBITION.   THE  COMMISSION  SHALL  HAVE  THE  POWER  IN  ITS
DISCRETION TO DECLARE FORFEITED ANY PRIZE, REMUNERATION OR PURSE, OR ANY
PART THEREOF, BELONGING TO THE PARTICIPANTS OR ONE OF THEM, OR THE SHARE
THEREOF  OF ANY MANAGER OR CHIEF SECOND IF IN ITS JUDGMENT, SUCH PARTIC-
IPANT OR PARTICIPANTS ARE NOT HONESTLY COMPETING OR THE  PARTICIPANT  OR
MANAGER  OR  CHIEF  SECOND  OF  A  PARTICIPANT,  AS THE CASE MAY BE, HAS
COMMITTED AN ACT IN THE PREMISES IN VIOLATION  OF  ANY  RULE,  ORDER  OR
REGULATION  OF  THE  COMMISSION.  THE  AMOUNT SO FORFEITED SHALL BE PAID
WITHIN FORTY-EIGHT HOURS TO THE  COMMISSION.  THERE  SHALL  ALSO  BE  IN
ATTENDANCE,  THREE  DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF
EACH SUCH COMBATIVE SPORTS MATCH OR EXHIBITION  RENDER  THEIR  DECISION.
THE WINNER OF SUCH MATCH OR EXHIBITION SHALL BE DETERMINED IN ACCORDANCE
WITH  A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.  PROVIDED, HOWEVER,
THAT A PARTICIPANT MAY TERMINATE THE CONTEST BY SIGNALLING TO THE REFER-
EE THAT SUCH PARTICIPANT SUBMITS TO THE OPPONENT.
  (B) THE COMMISSION MAY BY RULE, REGULATION OR ORDER, REQUIRE THE PRES-
ENCE OF ANY MEDICAL EQUIPMENT AND PERSONNEL AT EACH PROFESSIONAL  COMBA-
TIVE  SPORTS  MATCH  OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE
SAFETY AND PROTECTION OF THE CONTESTANTS; AND MAY ALSO REQUIRE THE PRES-
ENCE OF AN AMBULANCE OR OTHER APPARATUS AT THE SITE OF ANY SUCH MATCH OR
EXHIBITION OR THE PROMULGATION OF AN  EMERGENCY  MEDICAL  PLAN  IN  LIEU
THEREOF.
  (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI-
BILITIES  OF  MANAGERS,  TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND
AFTER A COMBATIVE SPORTS MATCH OR EXHIBITION IN  ORDER  TO  PROMOTE  THE
SAFETY OF THE PARTICIPANTS AT ALL TIMES.
  (D)  THE  COMMISSION  SHALL  REQUIRE  BY  RULE  OR REGULATION THAT ANY
PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED  UNDER  THIS  SECTION
PRESENT  TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHI-

S. 5055                            11

BITION IN WHICH HE FIGHTS IN THIS STATE, A LICENSE WHICH  SHALL  INCLUDE
BUT  NOT  BE LIMITED TO THE FOLLOWING INFORMATION: (1) THE PARTICIPANT'S
NAME, PHOTOGRAPH, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND OTHER IDEN-
TIFYING  INFORMATION;  (2)  THE  PARTICIPANT'S PRIOR MATCH OR EXHIBITION
HISTORY INCLUDING THE DATES, LOCATION, AND DECISION OF SUCH  MATCHES  OR
EXHIBITIONS;  AND (3) THE PARTICIPANT'S MEDICAL HISTORY, RELATING TO ANY
PHYSICAL CONDITION, MEDICAL TEST OR PROCEDURE WHICH RELATES TO HIS ABIL-
ITY TO FIGHT, AND A RECORD OF ALL MEDICAL SUSPENSIONS.
  20. EXAMINATION BY PHYSICIAN; COST. (A) ALL PARTICIPANTS MUST BE EXAM-
INED BY A PHYSICIAN DESIGNATED BY THE  COMMISSION  BEFORE  ENTERING  THE
RING  AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE COMMISSION
A WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH  EXAMINATION,
AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL
BE  PAID BY THE ENTITY CONDUCTING THE MATCH OR EXHIBITION TO THE COMMIS-
SION, WHICH SHALL THEN PAY THE FEE COVERING SUCH COST TO  THE  EXAMINING
PHYSICIAN, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
  (B)  ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED OR PERMIT-
TED UNDER THIS SECTION RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA  AS
DETERMINED  BY  THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY
THE ATTENDING COMMISSION PHYSICIAN AND  SHALL  BE  REQUIRED  TO  UNDERGO
NEUROLOGICAL   AND  NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A  NEUROLOGIST
INCLUDING BUT NOT LIMITED TO A COMPUTED TOMOGRAPHY OR  MEDICALLY  EQUIV-
ALENT  PROCEDURE.  ANY  PARTICIPANT  SO  INJURED SHALL NOT APPEAR IN ANY
MATCH OR EXHIBITION UNTIL RESULTS OF SUCH EXAMINATIONS ARE  REVIEWED  BY
THE  COMMISSION.  THE  RESULTS  OF ALL SUCH EXAMINATIONS HEREIN REQUIRED
SHALL BECOME A PART OF THE PARTICIPANT'S PERMANENT  MEDICAL  RECORDS  AS
MAINTAINED  BY  THE  COMMISSION  AND  SHALL BE USED BY THE COMMISSION TO
DETERMINE WHETHER A PARTICIPANT SHALL BE  PERMITTED  TO  APPEAR  IN  ANY
FUTURE  PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION.  THE COSTS OF
ALL SUCH EXAMINATIONS CALLED FOR IN THIS PARAGRAPH SHALL BE  ASSUMED  BY
THE ENTITY OR PROMOTER IF SUCH EXAMINATIONS ARE PERFORMED BY A PHYSICIAN
APPROVED BY THE COMMISSION.
  (C)  THE  COMMISSION  MAY  AT ANY TIME REQUIRE A LICENSED OR PERMITTED
PARTICIPANT TO UNDERGO A PHYSICAL EXAMINATION, INCLUDING ANY  NEUROLOGI-
CAL OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE. THE COST OF SUCH EXAM SHALL
BE ASSUMED BY THE STATE.
  21.  PHYSICIAN  TO  BE IN ATTENDANCE; POWERS OF SUCH PHYSICIAN. (A) IT
SHALL BE THE DUTY OF EVERY ENTITY LICENSED TO CONDUCT A COMBATIVE SPORTS
MATCH OR EXHIBITION, TO HAVE IN ATTENDANCE AT EVERY MATCH OR  EXHIBITION
AT  LEAST  ONE PHYSICIAN DESIGNATED BY THE COMMISSION AS THE RULES SHALL
PROVIDE. THE COMMISSION MAY ESTABLISH A SCHEDULE OF FEES TO BE  PAID  BY
THE  LICENSEE  TO  COVER THE COST OF SUCH ATTENDANCE. SUCH FEES SHALL BE
PAID TO THE COMMISSION, WHICH SHALL THEN PAY SUCH FEES TO THE PHYSICIANS
ENTITLED THERETO, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
  (B) THE PHYSICIAN SHALL TERMINATE ANY  PROFESSIONAL  COMBATIVE  SPORTS
MATCH  OR EXHIBITION IF IN THE OPINION OF SUCH PHYSICIAN ANY PARTICIPANT
HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJU-
RY. IN THE EVENT OF ANY SERIOUS PHYSICAL INJURY,  SUCH  PHYSICIAN  SHALL
IMMEDIATELY  RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER
TREATMENT OR HOSPITALIZATION IF REQUIRED, AND FULLY  REPORT  THE  ENTIRE
MATTER  TO  THE  COMMISSION  WITHIN  TWENTY-FOUR HOURS AND IF NECESSARY,
SUBSEQUENTLY THEREAFTER.  SUCH  PHYSICIAN  MAY  ALSO  REQUIRE  THAT  THE
INJURED  PARTICIPANT  AND HIS MANAGER OR CHIEF SECOND REMAIN IN THE RING
OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE  CONTEST  FOR  SUCH
PERIOD OF TIME AS SUCH PHYSICIAN DEEMS ADVISABLE.

S. 5055                            12

  (C)  SUCH  PHYSICIAN  MAY  ENTER THE RING AT ANY TIME DURING A PROFES-
SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION AND MAY TERMINATE THE  MATCH
OR  EXHIBITION IF IN HIS OPINION THE SAME IS NECESSARY TO PREVENT SEVERE
PUNISHMENT OR SERIOUS PHYSICAL INJURY TO A PARTICIPANT.
  22.  BOND. BEFORE A LICENSE SHALL BE GRANTED TO AN ENTITY TO CONDUCT A
PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION, THE  APPLICANT  SHALL
EXECUTE  AND  FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT TO BE DETER-
MINED BY THE COMMISSION, TO BE APPROVED AS TO FORM  AND  SUFFICIENCY  OF
SURETIES  THEREON  BY  THE  COMPTROLLER,  CONDITIONED  FOR  THE FAITHFUL
PERFORMANCE BY SUCH ENTITY OF THE PROVISIONS OF  THIS  SECTION  AND  THE
RULES  AND  REGULATIONS  OF  THE  COMMISSION,  AND  UPON  THE FILING AND
APPROVAL OF SUCH BOND THE COMPTROLLER SHALL ISSUE TO  SUCH  APPLICANT  A
CERTIFICATE  OF  SUCH FILING AND APPROVAL, WHICH SHALL BE BY SUCH APPLI-
CANT FILED IN THE OFFICE OF THE  COMMISSION  WITH  ITS  APPLICATION  FOR
LICENSE,  AND  NO  SUCH  LICENSE  SHALL BE ISSUED UNTIL SUCH CERTIFICATE
SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE,  THE  COMMISSION
MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE
THOUSAND  DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE ATTOR-
NEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK  IN  THE
SAME  MANNER  AS  OTHER  PENALTIES  ARE  RECOVERED BY LAW; ANY AMOUNT SO
RECOVERED SHALL BE PAID INTO THE TREASURY.
  23. BOND FOR PURSES, SALARIES AND OTHER EXPENSES. IN ADDITION  TO  THE
BOND  REQUIRED BY SUBDIVISION TWENTY-TWO OF THIS SECTION, EACH APPLICANT
FOR A LICENSE TO CONDUCT PROFESSIONAL COMBATIVE SPORTS MATCHES OR  EXHI-
BITIONS  SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT
TO BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND  SUFFI-
CIENCY OF SURETIES THEREON BY THE COMPTROLLER, CONDITIONED FOR AND GUAR-
ANTEEING  THE  PAYMENT  OF  PROFESSIONAL  COMBATIVE SPORTS PARTICIPANTS'
PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY THE COMMISSION,  AND  THE
LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL.
  24.  DUTY  TO  PROVIDE  INSURANCE  FOR LICENSED PROFESSIONAL COMBATIVE
SPORTS PARTICIPANTS.   (A) ALL ENTITIES  HAVING  LICENSES  AS  PROMOTERS
SHALL  CONTINUOUSLY  PROVIDE  INSURANCE  FOR  THE PROTECTION OF LICENSED
PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS,  APPEARING  IN  PROFESSIONAL
COMBATIVE  SPORTS MATCHES OR EXHIBITIONS.  SUCH INSURANCE COVERAGE SHALL
PROVIDE FOR REIMBURSEMENT TO THE LICENSED ATHLETE FOR MEDICAL,  SURGICAL
AND  HOSPITAL  CARE,  WITH A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR
INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE
CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF ONE HUNDRED THOU-
SAND DOLLARS TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH  DEATH  IS
OCCASIONED  BY INJURIES RECEIVED DURING THE COURSE OF A MATCH OR EXHIBI-
TION IN WHICH SUCH LICENSED ATHLETE PARTICIPATED UNDER THE PROMOTION  OR
CONTROL OF ANY LICENSED PROMOTER.  THE COMMISSION MAY FROM TIME TO TIME,
IN ITS DISCRETION, INCREASE THE AMOUNT OF SUCH MINIMUM LIMITS.
  (B)  THE  FAILURE  TO PAY PREMIUMS ON SUCH INSURANCE AS IS REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE CAUSE FOR THE  SUSPENSION  OR
THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING PROMOTER.
  25. NOTICE OF CONTEST; COLLECTION OF TAX. (A) EVERY ENTITY HOLDING ANY
PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION FOR WHICH AN ADMISSION
FEE  IS  CHARGED  OR  RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION TEN
DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION
TO ANY SUCH MATCH OR EXHIBITION SHALL BE PROCURED FROM  A  PRINTER  DULY
AUTHORIZED  BY  THE  STATE ATHLETIC COMMISSION TO PRINT SUCH TICKETS AND
SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION
OF SAME. AN ENTITY FAILING TO FULLY COMPLY WITH THIS  SECTION  SHALL  BE
SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID

S. 5055                            13

TO  THE  DEPARTMENT OF STATE. AN ENTITY IS PROHIBITED FROM OPERATING ANY
MATCHES OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SUBDIVI-
SION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINETEEN
OF THE TAX LAW HAVE BEEN PAID.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES  OR OFFICERS OF THE ATHLETIC COMMISSION SHALL ACT AS AGENTS OF
THE COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX  IMPOSED  BY
ARTICLE  NINETEEN  OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE
THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECH-
NICAL ASSISTANCE AS MAY BE NECESSARY FOR THE  PROPER  ADMINISTRATION  OF
SUCH TAX.
  26.  REGULATION  OF  JUDGES. (A) JUDGES FOR ANY PROFESSIONAL COMBATIVE
SPORTS MATCH OR EXHIBITION UNDER  THE  JURISDICTION  OF  THE  COMMISSION
SHALL  BE  SELECTED  BY THE COMMISSION FROM A LIST OF QUALIFIED LICENSED
JUDGES MAINTAINED BY THE COMMISSION.
  (B) ANY PROFESSIONAL COMBATIVE SPORT  PARTICIPANT,  MANAGER  OR  CHIEF
SECOND MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A PROFESSIONAL COMBATIVE
SPORTS  MATCH  OR  EXHIBITION  AND THE PROTESTING PROFESSIONAL COMBATIVE
SPORTS PARTICIPANT, MANAGER OR CHIEF SECOND MAY BE HEARD BY THE  COMMIS-
SION  OR  ITS  DESIGNEE  IF  SUCH  PROTEST  IS TIMELY. IF THE PROTEST IS
UNTIMELY IT SHALL BE SUMMARILY REJECTED.
  (C) EACH PERSON SEEKING TO BE LICENSED AS A JUDGE  BY  THE  COMMISSION
SHALL  BE  REQUIRED  TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION
AND ANNUALLY THEREAFTER ON  THE  ANNIVERSARY  OF  THE  ISSUANCE  OF  THE
LICENSE. EACH PERSON SEEKING TO BE A PROFESSIONAL COMBATIVE SPORTS JUDGE
IN  THE  STATE SHALL BE CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM
AS APPROVED BY THE COMMISSION AND SHALL HAVE PASSED A  WRITTEN  EXAMINA-
TION  APPROVED BY THE COMMISSION COVERING ASPECTS OF PROFESSIONAL COMBA-
TIVE SPORTS INCLUDING, BUT NOT LIMITED TO, THE RULES OF THE  SPORT,  THE
LAW  OF  THE  STATE RELATING TO THE COMMISSION, AND BASIC FIRST AID. THE
COMMISSION SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS TO KEEP  LICEN-
SEES CURRENT ON AREAS OF REQUIRED KNOWLEDGE.
  (D)  EACH  PERSON  SEEKING  A  LICENSE  TO BE A PROFESSIONAL COMBATIVE
SPORTS JUDGE IN THIS STATE SHALL BE REQUIRED TO  FILL  OUT  A  FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S  FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE
COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY
THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS  OF  ACTUAL  OR
POTENTIAL   CONFLICTS  OF  INTEREST  AS  WELL  AS  APPEARANCES  OF  SUCH
CONFLICTS, INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT  HOURS
OF ANY PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION, EACH COMBATIVE
SPORTS  JUDGE  SHALL  FILE  WITH  THE  COMMISSION A FINANCIAL DISCLOSURE
STATEMENT IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE  COMMIS-
SION.
  (E)  ONLY A PERSON LICENSED BY THE COMMISSION MAY JUDGE A PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION.
  27. TRAINING FACILITIES. (A) THE COMMISSION MAY, IN ITS DISCRETION AND
IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT  THE
HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS IN TRAIN-
ING,  ISSUE  A  LICENSE TO OPERATE A TRAINING FACILITY PROVIDING CONTACT
SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFES-
SIONAL COMBATIVE SPORT PARTICIPANTS. THE REGULATIONS OF  THE  COMMISSION
SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING SUBJECTS TO PROTECT
THE HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS:
  (1) REQUIREMENTS FOR FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE
LOCATION ON THE PREMISES AND FOR THE  PRESENCE  ON  THE  PREMISES  OF  A

S. 5055                            14

PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES
FOR CARDIO-PULMONARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILI-
TY IS OPEN FOR TRAINING PURPOSES;
  (2) PROMINENT POSTING ADJACENT TO AN ACCESSIBLE TELEPHONE OF THE TELE-
PHONE NUMBER FOR EMERGENCY MEDICAL SERVICES AT THE NEAREST HOSPITAL;
  (3)  CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, LOCKER ROOMS AND FOOD
SERVING AND STORAGE AREAS;
  (4) ADEQUATE VENTILATION AND  LIGHTING  OF  ACCESSIBLE  AREAS  OF  THE
TRAINING FACILITY;
  (5) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN
TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY
OPERATOR;
  (6) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (7) INSPECTION AND APPROVAL OF RINGS AS REQUIRED BY SUBDIVISION THIRTY
OF THIS SECTION; AND
  (8)  ESTABLISHMENT  OF  A  POLICY  FOR  POSTING ALL COMMISSION LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS  AND  REVOCATIONS  BY
THE FACILITY OPERATOR.
  (B)  A  PROSPECTIVE LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF THAT
IT CAN FURNISH SUITABLE FACILITIES  IN  WHICH  THE  TRAINING  IS  TO  BE
CONDUCTED,  INCLUDING  THE  MAKING OF SUCH TRAINING FACILITIES AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  28. TEMPORARY TRAINING FACILITIES.  ANY  TRAINING  FACILITY  PROVIDING
CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE
PURPOSE  OF  PREPARING  A PROFESSIONAL COMBATIVE SPORT PARTICIPANT FOR A
SPECIFIC  PROFESSIONAL  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION  TO  BE
CONDUCTED,  HELD  OR  GIVEN WITHIN THE STATE OF NEW YORK SHALL BE EXEMPT
FROM THIS ACT INSOFAR AS IT CONCERNS THE LICENSING  OF  SUCH  FACILITIES
IF,  IN THE JUDGMENT OF THE COMMISSION, ESTABLISHMENT AND MAINTENANCE OF
SUCH FACILITY WILL BE CONSISTENT WITH THE  PURPOSES  AND  PROVISIONS  OF
THIS CHAPTER, THE BEST INTERESTS OF PROFESSIONAL COMBATIVE SPORTS GENER-
ALLY, AND THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY.
  29.  WEIGHTS;  CLASSES AND RULES. THE WEIGHTS AND CLASSES OF COMBATIVE
SPORT PARTICIPANTS AND THE RULES AND REGULATIONS OF PROFESSIONAL  COMBA-
TIVE SPORTS SHALL BE PRESCRIBED BY THE COMMISSION.
  30.  RINGS  OR FIGHTING AREAS.  NO PROFESSIONAL COMBATIVE SPORTS MATCH
OR EXHIBITION OR TRAINING ACTIVITY SHALL BE PERMITTED  IN  ANY  RING  OR
FIGHTING  AREA  UNLESS SUCH RING OR FIGHTING AREA HAS BEEN INSPECTED AND
APPROVED BY THE COMMISSION.  THE  COMMISSION  SHALL  PRESCRIBE  STANDARD
ACCEPTABLE SIZE AND QUALITY REQUIREMENTS FOR RINGS OR FIGHTING AREAS AND
APPURTENANCES THERETO.
  31.  MISDEMEANOR. ANY ENTITY WHO INTENTIONALLY, DIRECTLY OR INDIRECTLY
CONDUCTS, HOLDS OR GIVES A PROFESSIONAL COMBATIVE SPORTS MATCH OR  EXHI-
BITION  OR  PARTICIPATES EITHER DIRECTLY OR INDIRECTLY IN ANY SUCH MATCH
OR EXHIBITION AS A REFEREE, JUDGE, CORPORATION  TREASURER,  PROFESSIONAL
COMBATIVE  SPORTS  PARTICIPANT,  MANAGER,  PROMOTER,  TRAINER  OR  CHIEF
SECOND, WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE  OR  PERMIT
AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
  S  3.  Chapter  912  of the laws of 1920 relating to the regulation of
boxing, sparring and wrestling, is amended by adding a new  section  5-b
to read as follows:
  S  5-B.  NEW YORK MIXED MARTIAL ARTS INJURY COMPENSATION FUND, INC. 1.
THERE IS CREATED A NOT-FOR-PROFIT CORPORATION TO BE  KNOWN  AS  THE  NEW
YORK  MIXED  MARTIAL ARTS INJURY COMPENSATION FUND, INC. AND REFERRED TO

S. 5055                            15

IN THIS SECTION AS "THE FUND". TO THE EXTENT THAT THE PROVISIONS OF  THE
NOT-FOR-PROFIT  CORPORATION  LAW  DO NOT CONFLICT WITH THE PROVISIONS OF
THIS  ACT,  OR  THE  PLAN  OF  OPERATION  OF  THE  FUND  HEREUNDER,  THE
NOT-FOR-PROFIT  CORPORATION  LAW  SHALL  APPLY  TO THE FUND AND THE FUND
SHALL BE A TYPE C CORPORATION PURSUANT TO THE NOT-FOR-PROFIT CORPORATION
LAW. IF AN APPLICABLE PROVISION OF THIS ACT OR THE PLAN OF OPERATION  OF
THE  FUND  HEREUNDER  RELATES TO A MATTER EMBRACED IN A PROVISION OF THE
NOT-FOR-PROFIT CORPORATION LAW BUT IS NOT IN  CONFLICT  THEREWITH,  BOTH
PROVISIONS  SHALL  APPLY. THE FUND SHALL PERFORM ITS FUNCTIONS UNDER THE
PLAN OF OPERATION ESTABLISHED AND APPROVED UNDER THIS SECTION AND  SHALL
EXERCISE  ITS  POWERS    THROUGH THE STATE ATHLETIC COMMISSION WHO SHALL
DEVELOP REGULATIONS AS TO THE MAKE-UP OF THE FUND'S BOARD OF DIRECTORS.
  2. (A) THE BOARD OF DIRECTORS SHALL CONSIST OF SEVEN MEMBERS,  SIX  OF
WHOM  ARE  TO  BE  SELECTED FROM THE GENERAL MEMBERSHIP OF THE FUND IN A
MANNER AND FOR TERMS TO BE PRESCRIBED BY THE INITIAL FUND BOARD. FOR THE
PURPOSES OF ESTABLISHING AND ORGANIZING THE FUND, AT LEAST  ONE  HUNDRED
FIFTY  DAYS  PRIOR  TO THE DATE THAT THIS SECTION SHALL TAKE EFFECT, THE
BOARDS OF DIRECTORS OF THE MIXED MARTIAL ARTS ORGANIZATIONS,  REPRESENT-
ING AT LEAST FIFTY-ONE PERCENT OF THE MIXED MARTIAL ARTS MATCHES UTILIZ-
ING FACILITIES OF ANY MIXED MARTIAL ARTS VENUE IN THE STATE OF NEW YORK,
SHALL  DESIGNATE  SIX  MEMBERS  WHO  SHALL SERVE AS THE INITIAL BOARD OF
DIRECTORS OF THE FUND. THE SEVENTH MEMBER SHALL  BE  ELECTED  EVERY  TWO
YEARS  ON  THE  SECOND  TUESDAY  OF  JUNE, OR AS DESIGNATED BY THE FUND,
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION BY A VOTE OF MIXED MARTIAL
ARTS CONTESTANTS DULY LICENSED PURSUANT TO SECTION FIVE-A OF  THIS  ACT.
THE  MEMBERS OF THE BOARD SHALL ELECT ANNUALLY FROM THE MEMBERS A CHAIR-
PERSON AND A VICE-CHAIRPERSON  WHO  SHALL  ACT  AS  CHAIRPERSON  IN  THE
ABSENCE  OF THE CHAIRPERSON. EACH MEMBER OF THE BOARD OF DIRECTORS SHALL
HAVE EQUAL VOTING RIGHTS WITH THE OTHERS.
  (B) (1) THE ELECTION OF THE SEVENTH BOARD MEMBER SHALL BE CONDUCTED BY
AN ELECTION ADMINISTRATOR SELECTED BY THE FUND NO  LATER  THAN  NOVEMBER
FIFTEENTH  OF THE YEAR PRECEDING THE ELECTION. THE FUND SHALL INFORM THE
STATE ATHLETIC COMMISSION OF ITS SELECTION THEREOF. THE FUND SHALL ENTER
INTO A CONTRACT WITH THE ELECTION ADMINISTRATOR  AT  LEAST  ONE  HUNDRED
TWENTY DAYS PRIOR TO THE DATE OF THE ELECTION. THE FUND SHALL BE RESPON-
SIBLE  FOR COSTS ASSOCIATED WITH THE CONTRACT WITH THE ELECTION ADMINIS-
TRATOR.
  (2) THE ELECTION ADMINISTRATOR MAY BE THE INDIVIDUAL, ORGANIZATION, OR
CORPORATION UNDER CONTRACT WITH THE FUND TO PROVIDE MANAGEMENT  SERVICES
AS  OF  NOVEMBER  FIFTEENTH  OF  THE  YEAR  PRECEDING  THE ELECTION. THE
ELECTION ADMINISTRATOR SHALL DEVISE AND PROVIDE NOMINATING PETITIONS  TO
CANDIDATES,  SHALL  VALIDATE  SUCH PETITIONS UPON SUBMITTAL BY VERIFYING
THE ELIGIBILITY OF THE MIXED  MARTIAL  ARTS  CONTESTANTS  TO  SIGN  SUCH
PETITIONS,  AND  SHALL  BE  RESPONSIBLE FOR THE PRINTING, DISSEMINATION,
VALIDATION, AND TABULATION OF  BALLOTS  FOR  SUCH  ELECTION.  THE  STATE
ATHLETIC  COMMISSION  SHALL  PROVIDE  A  LIST OF ALL DULY LICENSED MIXED
MARTIAL ARTS CONTESTANTS IN THE STATE  OF  NEW  YORK  TO  THE  FUND  FOR
PURPOSES  OF  VALIDATING  NOMINATING PETITIONS AND BALLOTS. THE ELECTION
ADMINISTRATOR SHALL REPORT THE RESULTS OF  THE  ELECTION  TO  THE  STATE
ATHLETIC  COMMISSION,  WHICH  SHALL  THEN  CERTIFY  THE  ELECTION OF THE
SEVENTH BOARD MEMBER.
  (3) ANY INDIVIDUAL SEEKING ELECTION PURSUANT TO THIS SUBDIVISION SHALL
PROVIDE A NOMINATING PETITION CONTAINING THE SIGNATURES OF NO FEWER THAN
TEN DULY LICENSED MIXED MARTIAL ARTS CONTESTANTS ELIGIBLE TO  SIGN  SUCH
PETITION.  TO  BE  ELIGIBLE  TO SIGN SUCH PETITION, A MIXED MARTIAL ARTS
CONTESTANT SHALL POSSESS A VALID LICENSE ISSUED BY  THE  STATE  ATHLETIC

S. 5055                            16

COMMISSION AS OF MARCH FIRST IN THE YEAR OF THE ELECTION. SUCH PETITIONS
MAY BE SIGNED BY ELIGIBLE MIXED MARTIAL ARTS CONTESTANTS BEGINNING APRIL
FIRST OF AN ELECTION YEAR AND SHALL BE RETURNED TO THE ELECTION ADMINIS-
TRATOR  FOR  VALIDATION  NO  LATER  THAN  THE  FIRST MONDAY OF MAY OF AN
ELECTION YEAR. IF A MIXED  MARTIAL  ARTS  CONTESTANT'S  LICENSE  EXPIRES
BETWEEN  MARCH  SECOND  AND  THE  FIRST  MONDAY  OF MAY AND HAS NOT BEEN
RENEWED BY THE LATTER DATE, THE ELECTION ADMINISTRATOR SHALL  INVALIDATE
SUCH  MIXED  MARTIAL ARTS CONTESTANT'S SIGNATURE ON THE NOMINATING PETI-
TION SO SUBMITTED.
  (4) TO BE ELIGIBLE TO VOTE IN THE ELECTION, MIXED MARTIAL ARTS CONTES-
TANTS AND APPRENTICE MIXED MARTIAL ARTS CONTESTANTS MUST POSSESS A VALID
MIXED MARTIAL ARTS CONTESTANT'S LICENSE AT LEAST THIRTY  DAYS  PRIOR  TO
THE  DATE  OF  THE  ELECTION.  IF  SUCH  MIXED MARTIAL ARTS CONTESTANT'S
LICENSE EXPIRES DURING THE THIRTY DAYS PRECEDING THE ELECTION  AND  SUCH
LICENSE  HAS NOT BEEN RENEWED AS OF THE DATE OF THE ELECTION, SUCH MIXED
MARTIAL ARTS CONTESTANT SHALL NOT BE ELIGIBLE TO VOTE.
  (5) IF, FOLLOWING AN ELECTION OF THE SEVENTH BOARD MEMBER, SUCH MEMBER
IS UNABLE TO DISCHARGE HIS OR HER DUTIES AS A BOARD MEMBER OR IS  OTHER-
WISE  UNABLE  TO  COMPLETE HIS OR HER TERM, THE FUND'S CHAIRPERSON SHALL
OFFER THE SEVENTH BOARD MEMBER'S POSITION TO THE CANDIDATE WHO  RECEIVED
THE HIGHEST TOTAL NUMBER OF VOTES FOLLOWING THAT RECEIVED BY THE ELECTED
BOARD  MEMBER  DURING THE ELECTION. IF SUCH CANDIDATE DECLINES TO ACCEPT
SUCH POSITION, THE CHAIRPERSON SHALL OFFER THE POSITION TO EACH  REMAIN-
ING  CANDIDATE IN DESCENDING ORDER OF THE TOTAL NUMBER OF VOTES RECEIVED
BY EACH SUCH  CANDIDATE  DURING  THE  ELECTION  UNTIL  A  CANDIDATE  HAS
ACCEPTED  THE POSITION. IF NONE OF THE REMAINING CANDIDATES HAS ACCEPTED
THE POSITION, THE CHAIRPERSON MAY APPOINT AN INTERIM MEMBER TO THE POSI-
TION FOR SUCH TIME AS INTERVENES UNTIL A NEW  SEVENTH  BOARD  MEMBER  IS
ELECTED.
  3.  MEMBERS OF THE BOARD OF DIRECTORS SHALL SERVE WITHOUT COMPENSATION
FOR THEIR SERVICES, BUT SHALL BE ENTITLED TO  REIMBURSEMENT  FOR  ACTUAL
AND  NECESSARY  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR OFFICIAL
DUTIES.
  4. MEMBERS OF THE BOARD OF DIRECTORS, EXCEPT AS OTHERWISE PROVIDED  BY
LAW, MAY ENGAGE IN PRIVATE EMPLOYMENT, OR IN A PROFESSION OR BUSINESS.
  5.  THE  AFFIRMATIVE  VOTE  OF  FOUR MEMBERS OF THE BOARD OF DIRECTORS
SHALL BE NECESSARY FOR THE TRANSACTION OF ANY BUSINESS OR  THE  EXERCISE
OF  ANY  POWER  OR FUNCTION OF THE FUND. THE FUND MAY DELEGATE TO ONE OR
MORE OF ITS MEMBERS, OR ITS OFFICERS, AGENTS OR EMPLOYEES,  SUCH  POWERS
AND DUTIES AS IT MAY DEEM PROPER.
  6.  THE FUND SHALL SECURE HEALTH INSURANCE COVERAGE ON A BLANKET BASIS
FOR THE BENEFIT OF ALL PROFESSIONAL MIXED MARTIAL ARTS  CONTESTANTS  WHO
PARTICIPATE  IN AND SUSTAIN PHYSICAL INJURY AS A RESULT OF PARTICIPATING
IN A NEW YORK STATE  SANCTIONED  MIXED  MARTIAL  ARTS  EVENT  AND  COVER
LIABILITIES  REGARDLESS OF ANY LENGTH OF TIME BETWEEN A SANCTIONED MATCH
AND THE DISCOVERY OF INJURY.
  7. IN ORDER TO PAY THE COSTS OF THE INSURANCE REQUIRED BY THIS SECTION
AND TO CARRY OUT ITS OTHER POWERS AND DUTIES AND TO PAY FOR ANY  OF  ITS
LIABILITIES  THE  FUND  SHALL  ASCERTAIN THE TOTAL FUNDING NECESSARY AND
ESTABLISH THE SUMS THAT ARE TO BE PAID BY ALL MIXED MARTIAL ARTS  ORGAN-
IZATIONS  LICENSED  OR  REQUIRED  TO BE LICENSED UNDER SECTION FIVE-A OF
THIS ACT TO OBTAIN THE TOTAL FUNDING AMOUNT REQUIRED ANNUALLY. IN  ORDER
TO  PROVIDE THAT ANY SUM REQUIRED TO BE PAID BY AN ORGANIZATION BE EQUI-
TABLE, THE FUND SHALL ESTABLISH PAYMENT  SCHEDULES  WHICH  REFLECT  SUCH
FACTORS  AS ARE APPROPRIATE, INCLUDING WHERE APPLICABLE, THE DURATION OF
SUCH PARTICIPATION, THE AMOUNT OF ANY  PURSE  EARNINGS,  THE  NUMBER  OF

S. 5055                            17

MIXED  MARTIAL  ARTS  CONTESTANTS INVOLVED, OR SUCH OTHER FACTORS AS THE
FUND SHALL DETERMINE TO BE FAIR, EQUITABLE AND IN THE BEST INTERESTS  OF
MIXED  MARTIAL  ARTS.  IN  NO  EVENT  SHALL  THE AMOUNT DEDUCTED FROM AN
OWNER'S  SHARE  EXCEED FIVE PER CENTUM OF THE OVERALL TAKE. IN THE CASES
OF MULTIPLE OWNERSHIPS THE FUND SHALL EQUITABLY ADJUST THE SUM REQUIRED.
  8. (A) THE FUND SHALL SUBMIT TO THE STATE ATHLETIC COMMISSION  A  PLAN
OF  OPERATION AND ANY AMENDMENTS THERETO NECESSARY OR SUITABLE TO ASSURE
THE FAIR, REASONABLE AND EQUITABLE  ADMINISTRATION  OF  THE  FUND.  SUCH
AMENDMENTS, IF ANY, RELATING TO THE ASSESSMENT OF THE COSTS OF INSURANCE
FOR  THE  SUBSEQUENT  YEAR,  OTHER THAN DEFICIENCY ASSESSMENTS, SHALL BE
SUBMITTED TO THE BOARD NO LATER THAN NOVEMBER FIFTEENTH  OF  EACH  YEAR.
THE  PLAN OF OPERATION AND ANY AMENDMENTS THERETO SHALL BECOME EFFECTIVE
UPON APPROVAL IN WRITING BY THE BOARD, AND SHALL  BE  PUBLISHED  BY  THE
FUND  UPON  SUCH APPROVAL IN ONE OR MORE TRADE PUBLICATIONS LIKELY TO BE
OBTAINED BY OWNERS.
  (B) IF THE FUND FAILS TO SUBMIT A SUITABLE PLAN  OF  OPERATION  WITHIN
ONE  HUNDRED EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OR
IF AT ANY TIME THEREAFTER THE FUND FAILS TO SUBMIT  SUITABLE  AMENDMENTS
TO  THE  PLAN,  THE  BOARD  SHALL,  AFTER  NOTICE AND HEARING, ADOPT AND
PROMULGATE SUCH REASONABLE RULES AS ARE NECESSARY OR ADVISABLE TO EFFEC-
TUATE THE PROVISIONS OF THIS SECTION. SUCH RULES SHALL CONTINUE IN FORCE
UNTIL MODIFIED BY THE BOARD OR SUPERSEDED BY A  PLAN  SUBMITTED  BY  THE
FUND AND APPROVED BY THE BOARD.
  (C) THE PLAN OF OPERATION SHALL CONSTITUTE THE BY-LAWS OF THE FUND AND
SHALL, IN ADDITION TO REQUIREMENTS ENUMERATED ELSEWHERE IN THIS SECTION:
  (1) ESTABLISH PROCEDURES FOR HANDLING THE ASSETS OF THE FUND.
  (2)  ESTABLISH  REGULAR  PLACES AND TIMES FOR MEETINGS OF THE BOARD OF
DIRECTORS.
  (3) ESTABLISH PROCEDURES FOR RECORDS TO BE KEPT OF ALL FINANCIAL TRAN-
SACTIONS OF THE FUND, ITS AGENTS AND THE BOARD OF DIRECTORS.
  (4) ESTABLISH A FORMULA FOR DETERMINING THE APPROPRIATE AMOUNT OF  THE
ASSESSMENTS UNDER THIS SECTION.
  (5)  ESTABLISH  THE  RULES  AND PROCEDURES TO GOVERN THE CONDUCT OF AN
ELECTION HELD PURSUANT TO PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF  THIS
SECTION.
  (6)  CONTAIN  SUCH ADDITIONAL PROVISIONS AS THE BOARD OR FUND MAY DEEM
NECESSARY OR PROPER FOR THE EXECUTION OF THE POWERS AND  DUTIES  OF  THE
FUND.
  9.  THE  FUND  SHALL  BE  SUBJECT TO EXAMINATION AND REGULATION BY THE
STATE COMPTROLLER. THE FUND SHALL SUBMIT TO THE BOARD NOT LATER THAN MAY
FIRST OF EACH YEAR, A FINANCIAL REPORT FOR THE PRECEDING  CALENDAR  YEAR
IN  A  FORM  APPROVED BY THE BOARD AND A REPORT OF ITS ACTIVITIES DURING
THE PRECEDING CALENDAR YEAR. SUCH  REPORT  SHALL  BE  DELIVERED  TO  THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE MINORITY LEADER OF THE SENATE.
  10.  THE  FUND  SHALL BE EXEMPT FROM PAYMENT OF ALL FEES AND ALL TAXES
LEVIED BY THIS STATE OR ANY OF ITS SUBDIVISIONS, EXCEPT TAXES LEVIED  ON
REAL PROPERTY.
  11. THE FUND SHALL PURCHASE SUCH INSURANCE AS NECESSARY TO PROTECT ANY
DIRECTOR, OFFICER, AGENT OR OTHER REPRESENTATIVE FROM LIABILITY.
  12.  THE  FUND AND THE STATE ATHLETIC COMMISSION SHALL HAVE SUCH POWER
AS IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  13. IT SHALL BE PRESUMED ANY MIXED MARTIAL ARTIST WHO PARTICIPATES  IN
A  NEW YORK STATE SANCTIONED EVENT AND RECEIVES ANY FORM OF NEUROLOGICAL
DAMAGE DURING THE COURSE OF HIS OR HER LIFETIME, THAT THE DAMAGE WAS THE
DIRECT CAUSATION OF THE SANCTIONED MATCH AND IS  ENTITLED  TO  THE  FULL

S. 5055                            18

BENEFITS  OF  THE  FUND  OVER  THE COURSE OF HIS OR HER LIFETIME FOR ALL
NECESSARY MEDICAL TREATMENT AND REHABILITATION.
  S  4.  Section  6  of  chapter 912 of the laws of 1920 relating to the
regulation of boxing, sparring and wrestling, as amended by chapter  437
of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
added by chapter 673 of the laws of 2003, is amended to read as follows:
  S  6.  Jurisdiction  of  commission.  1. The commission shall have and
hereby is vested with the sole direction, management, control and juris-
diction over all such boxing and  sparring  matches  or  exhibitions  OR
PROFESSIONAL  COMBATIVE  SPORTS  MATCHES OR EXHIBITIONS to be conducted,
held or given within the state of New York and over all licenses to  any
and  all  persons  who participate in such boxing or sparring matches or
exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS  and
over  any  and  all  gyms, clubs, training camps and other organizations
that maintain training facilities providing contact sparring for persons
who prepare for participation in such  boxing  or  sparring  matches  or
exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS, and
over the promotion of professional wrestling exhibitions OR PROFESSIONAL
COMBATIVE  SPORTS  MATCHES  OR EXHIBITIONS to the extent provided for in
sections 5, 9, 19, 20, 28-a, 28-b and 33 of this act, except  as  other-
wise provided in this act.
  2. The commission is authorized and directed to require that all sites
wherein  boxing,  sparring  and  wrestling  matches  and  exhibitions OR
PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS are conducted shall
comply with state and applicable local  sanitary  codes  appropriate  to
school athletic facilities.
  S  5.  Subdivision  1  of  section  451  of the tax law, as amended by
section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
read as follows:
  1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
receipts of every person from the sale of tickets to any professional or
amateur boxing, sparring or wrestling match or exhibition OR ANY PROFES-
SIONAL COMBATIVE SPORTS MATCH OR EXHIBITION  held  in  this  state,  and
without  any  deduction  whatsoever for commissions, brokerage, distrib-
ution fees, advertising or any other expenses, charges  and  recoupments
in respect thereto.
  S  6. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every  person  holding  any  professional  or  amateur
boxing,  sparring  or  wrestling match or exhibition in this state. Such
tax shall be imposed on such gross receipts, exclusive  of  any  federal
taxes, as follows:
  (a)  three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
fifty thousand dollars for any match or exhibition;
  (b)  three  percent of gross receipts from broadcasting rights, except
that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.
  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING ANY PROFESSIONAL COMBATIVE SPORTS MATCH OR  EXHIBITION  IN  THIS
STATE.  SUCH  TAX  SHALL BE IMPOSED ON SUCH GROSS RECEIPTS, EXCLUSIVE OF
ANY FEDERAL TAXES, AS FOLLOWS:

S. 5055                            19

  (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
AND
  (B)  THREE  PERCENT OF GROSS RECEIPTS FROM BROADCASTING RIGHTS, EXCEPT
THAT IN NO EVENT SHALL THE TAX IMPOSED BY THIS  PARAGRAPH  EXCEED  FIFTY
THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that section three of this  act  shall  take
effect  on  the  one  hundred eightieth day after it shall have become a
law; provided, further,  that  this  act  shall  expire  and  be  deemed
repealed 3 years after it shall take effect; provided, however, further,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

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